Background:
“Submission of details of transaction that the business was indulged in for a given period, in prescribed manner can be termed as Return” Every law when comes into force defines such periodic statement called return to control and assess the transaction the organization has entered into. In context of GST, CBEC in collaboration with GST council has notified draft Model GST model Law (in short “MGL”) as revised on 25th November 2016 wherein vide CHAPTER -VIII, twelve Sections has been issued in this regards for compliance along with set separate rules under the MGL for various classes of assessee and types of returns.
Applicability
The different class of assessee who would be liable for various different returns along with applicable rule and relevant form has been summarized in the below mentioned table (Reference to Section-32, 33, 34, 39 read with rules-1, 2, 3, 21 has been made)
S.No. |
Applicability for Various Class of Assessee |
Types of Return |
|||
Return for Outward Supplies (Section 32 read with Rule-1 ) |
Return for Inward Supplies (Section 33 read with Rule-2 ) |
Monthly Return (Section 34 read with Rule-3 ) |
Annual Return |
||
1 |
Registered Taxable Person (Specified in Schedule V of MGL) |
Applicable |
Applicable |
Applicable |
Applicable |
2 |
Composition Supplier under Section 9 |
Not Applicable |
Not Applicable |
Applicable |
Applicable |
3 |
Non-Resident taxable person (NR) |
Applicable |
Applicable |
Applicable |
Not Applicable |
4 |
Input Service Distributor (ISD) |
Not Applicable |
Not Applicable |
Applicable |
Applicable |
5 |
Person required to deduct tax at source under Section 46 of MGL |
Not Applicable |
Not Applicable |
Applicable |
Not Applicable |
6 |
Supplies effected through e-Commerce |
Applicable |
Applicable |
Applicable |
Applicable |
Description of Various Types of Return and Forms (Assessee-Wise):
General Part: For all Assessee on whom following two returns are applicable (as per Supra mentioned table)
Rule 1 Return for Outward Supply:
Original Form-FORM GSTR-1
Steps:
- First the form will be filed by supplier by 10th of the next month
- Later this form will be available to recipients in Part A of FORM GSTR-2A for verifying their details.
- Details updated by the recipient in his FORM GSTR-2 U/s 33 or FORM GSTR-4 U/s 34 shall be made available to supplier in FORM GSTR-1A and
- Supplier may accept or reject the amendment in full
or part and accordingly FORM GSTR-1 of supplier shall stand amended.
Rule 2 Return for Inward Supply:
Original Form-FORM GSTR-2
a. It shall be prepared by using information of Part A,B,C,D of FORM GSTR-2A regarding details furnished by
In part A----Outward Supplier
In part B----ISD regarding ITC
In part C----Regarding deduction U/s 37
In part D----By E-Commerce Operator U/s 43C
b. Also details regarding
1. ITC available, allowed, disallowed
2. ITC related to Non-Taxable Supplies etc.
Rule-21 for Annual Return:
- Original Form-FORM GSTR-9 (for others)
- Original Form-FORM GSTR-9A (for composition supplier under Section 9)
Specific Provision: In case of Monthly return different Assessee has different form for return empowered by different rules of return which is mentioned as follows Assessee-wise.
Rule-3 For Monthly Return Registered Taxable Person (Specified in Schedule V)
- Original Form-FORM GSTR-3
- Part A: Auto Filed through GSTR-1, 2 still can modify
- Part B: filed by the Assessee and pay tax and other dues or claim refund
Note: If the due date of GSTR-1, 2 extended then for filling monthly return method to be prescribed.
Rule-4 for Composition Supplier under Section 9
- Original Form-FORM GSTR-4
- Modification in FORM GSTR-4A
- All dues must be paid before filling return
Rule-5 for Non-Resident taxable person (NR)
- Original Form-FORM GSTR-5
- All dues must be paid before 20th of next month or 7 days after expiring of registration whichever is earlier.
Rule-6 for Input Service Distributor (ISD)
- Original Form-FORM GSTR-6
- Modification in FORM GSTR-6A
Rule-7 for Person required to deduct tax at source under Section 46 of MGL
- Original Form-FORM GSTR-7
- Certificate of Deduction provided to deductee in FORM GSTR-7A
Rule-8 for Supplies effected through e-Commerce
- Original Form-FORM GSTR-8
- Verification of Certain Documents shall be conducted in accordance with Rule-20 and 21 similar procedure as defined in ITC related points.
Frequency at which Return need to be filed:
Different returns need to be filed at different frequency which also varies Assessee-wise which has been summarized below in tabular manner:
S.NO. |
Who is Liable to file return? |
When i.e. at what frequency return need to be filed? |
|||
Return for Outward Supplies (Section 32 read with Rule-1 ) |
Return for Inward Supplies (Section 33 read with Rule-2 ) |
Monthly Return (Section 34 read with Rule-3 ) |
Annual Return |
||
1 |
Registered Taxable Person (Specified in Schedule V) |
Monthly by 10th of Succeeding month of relevant tax period |
Monthly by 15th of Succeeding month of relevant tax period |
Monthly by 20th of Succeeding month of relevant tax period |
Annually by 31th of December of subsequent F.Y. |
2 |
Composition |
N.A. |
N.A. |
Quarterly by 18th of Succeeding month of relevant tax period |
Annually by 31th of December of subsequent F.Y. |
3 |
Non-Resident taxable person (NR) |
Monthly by 10th of Succeeding month of relevant tax period |
Monthly by 15th of Succeeding month of relevant tax period |
Monthly by 20th of Succeeding month of relevant tax period |
Not Applicable |
4 |
Input Service Distributor (ISD) |
Not Applicable |
Not Applicable |
Monthly by 30th of Succeeding month of relevant tax period |
Not Applicable |
5 |
Person required to deduct |
Not Applicable |
Not Applicable |
Monthly by 10th of Succeeding month of relevant tax period |
Not Applicable |
6 |
Supplies effected |
Monthly by 10th of Succeeding month of relevant tax period |
Monthly by 15th of Succeeding month of relevant tax period |
Monthly by 20th of Succeeding month of relevant tax period |
Annually by 31th of December of subsequent F.Y. |
Some Provisions which are common in nature has been herewith stated in Question and answer form for the sake of simplicity
General/Common Provisions:
Certain General/Common Provision in Question and answer Form |
|
Certain General Questions |
Answers based on Relevant Provisions as mentioned in MGL |
What content need to be filed in Detail of Outward Supply? |
Details of outward supplies” shall include U/s 32
|
Meaning of Inward Supply? |
Meaning of Inward Supplies U/s 33 |
What is Content of Monthly Return U/s 34? |
Monthly Return includes U/s 34
|
Whether Extension of due date is possible |
Yes, By Board / Commissioner for valid and sufficient reasons by N/N |
How it should be filed |
Mandatorily all return to be filed Electronically on GST portal. |
Whether Revised Return can be filed if yes how? |
Condition for Revision |
Certain Condition for Monthly Return |
Condition for Monthly Return U/s 34 |
Concept of First Return U/s 35 |
1. Registered Person to file return U/s 32, 33 till end of the month in which registration is granted to them. |
Input Tax Credit Related Provisions:
Input tax being one of the most important limb of GST, and its impact on return would be crucial, Thus the governing provisions giving reference to Section 36, 37, 38 read with rules 10, 11, 12, 13, 14, 15, 16, 17, 18 of Return rules of MGL has been summarized herewith below point wise:
1. Provisionally ITC allowed as claimed in return but not for defective return under sec. 34 i.e. until the admitted proper tax liability is discharged. (Sec. 36)
2. Matching of Provisionally allowed ITC U/s 36 after due date (in case extension of date for Sec. 32 and 33 extension of date of ITC matching shall be done) of filling return U/s 34 with the details and various documents i.e. debit and credit note provided by the supplier and recipient in FORM GSTR-3 i.e.
- GSTIN of the supplier
- GSTIN of the recipient
- Invoice/Debit Note date
- Invoice/Debit Note number
- Taxable value
- Tax amount
Note: If ITC claimed by recipient is equal to or less than tax shown by supplier then it is deemed to be matched
3. The final acceptance and rejection shall be communicated to both parties in FORM GST ITC-1. (Sec. 37 & 38)
4. Certain communication of discrepancy in details and credit note to both parties are
a. Mismatch of tax shall be communicated in FORM GST ITC-1
b. Non-submission of Invoice by supplier would disallow the ITC of recipient in FORM GST ITC-1
c. Duplication of ITC would be disallowed and communicated in FORM GST ITC-1
d. The difference in tax becomes output liability of recipient with interest subject to reduction when correction is done along with refund (shall be granted in electronic cash ledger in FORM GST PMT-3 of interest earlier paid for setoff in future liability) (Sec. 37 & 38)
Note:
1. Rectification by a supplier--adding or correcting outward supply details in his valid return
2. Rectification by the recipient --deleting or correcting inward supply details for matching with each other's return
Note: Provisions of Sec. 37 and 38 are similar and incorporated above only and there relevant rules also.
Belated or No Return:
Question: Whether Belated Return shall be accepted if yes what is the penalty? What if No return is filed?
References: (Section 40,41,42,43 read with Rule-21, 22, 23, 24)
Solution:
1. Yes, Belated Return can be filed subject to late fees of 100 per day of Default Or 5000 Whichever is lower
2. Next Period Return cannot be filed if earlier return is not filed.
3. Notice may be issued to defaulter in FORM GSTR-3A with direction to file return in stipulated time.
4. On cancellation of Registration final return under Sec. 40 read with Rule 22 is to be filed in FORM GSTR-10
5. Concept of TRP in Sec. 34 read with Rule-24
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